La. Admin. Code tit. 33 § I-5705

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-5705 - Discreditation and Suspension

A. The department may suspend or discredit a laboratory in any or all test categories when the laboratory fails to fully meet all requirements of these regulations. Factors such as the gravity of the offense, the danger to the public of the offense, the intent of the violation, the extent of the violation, and the proposed correction of the problem will be considered to determine if suspension or discreditation is to be imposed. An emergency order immediately discrediting the laboratory may be issued if any conditions exist that present an eminent danger to public health and safety.

B. The department shall notify the laboratory by registered or certified letter of the suspension or discreditation and the reasons for the action.

C. Suspensions shall not be withdrawn until the basis for the suspension has been eliminated or rectified.

D. Appeals for laboratories that have received discreditation notices are governed by applicable statutes.

E. If the testing laboratory's accreditation is revoked by the department or another agency having primary enforcement responsibility or delegated administrative responsibility (e.g., out-of-state laboratories), the laboratory management shall notify, in writing, all clients that utilize the laboratory for analysis of samples and reporting of data to the department that the laboratory's accreditation has been revoked. Clients must be advised of the change in accreditation status within 10 calendar days from the official notice of the action.

F. The following shall be considered grounds for discreditation/suspension:

1. violation of a condition of the accreditation;

2. violation of a statute, regulation, or order of the department;

3. misrepresentations or falsifications made to the department, including any documents associated with accreditation applications;

4. demonstrable nonconformance with the requirements of these regulations, including failure to correct deficiencies;

5. nonpayment of applicable fees;

6. demonstrating incompetence or making consistent errors in analyses or erroneous reporting;

7. failure to report, in writing within 30 days, any changes in location, ownership, management and supervisory staff, authorized representative, major facilities of the laboratory, modification of technique, or any revisions to the accreditation application or required support documentation;

8. failure to employ approved testing methods in the performance of analyses;

9. failure to maintain facilities or equipment properly;

10. failure to report analytical test results as required or to maintain required records of test results;

11. failure to participate successfully in a required performance evaluation program;

12. violation or aiding and abetting in the violation of any provision of these regulations or the rules promulgated hereunder;

13. advertising false credentials;

14. failure to indicate clearly in the records when analyses were subcontracted to another laboratory;

15. performing and charging for additional tests or analyses that have not been requested by the customer, falsifying analyses, or engaging in other unethical or fraudulent practices; and

16. subcontracting performance evaluation samples to another laboratory and using the results to satisfy requirements for accreditation.

G. If the department discredits/suspends a laboratory, the laboratory shall return the certificate of accreditation to the department within 10 calendar days from receipt of notification of the discreditation or suspension.

La. Admin. Code tit. 33, § I-5705

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 24:932 (May 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1439 (July 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2011.